Davis v. Correctional Medical Service et al, No. 3:2011cv00248 - Document 40 (E.D. Tenn. 2013)
Court Description: MEMORANDUM AND OPINION as set forth in following order. Signed by District Judge R Leon Jordan on 9/16/13. (c/m)(ABF)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at KNOXVILLE RONALD L. DAVIS, Plaintiff, v. 3:11-cv-248 NURSE DALE HADDEN, et al., Defendants. MEMORANDUM This is a pro se prisoner's civil rights complaint under 42 U.S.C. ยง 1983. The original defendants were Dale Hadden, James Morris, Dan Walker, and Anna Cannon, each of whom were served with process after plaintiff returned the service packets for the defendants. Plaintiff was subsequently allowed to amend his complaint to add as defendants Mary Evans and Nurse Melinda (last name unknown). Plaintiff was ordered to return the service packets for defendants Mary Evans and Nurse Melinda within 20 days of the date of receipt of the court's Memorandum and Order and he failed to do so. In the meantime, plaintiff entered into a stipulation of dismissal with prejudice as to the original defendants and defendants Dale Hadden, James Morris, Dan Walker, and Anna Cannon were dismissed as defendants. There are presently pending several motions which were filed by the plaintiff prior to the stipulation of dismissal. Plaintiff having failed to timely return the service packets for defendants Mary Evans and Nurse Melinda, they will be DISMISSED as defendants. There being no remaining defendants in this action, the matter will be DISMISSED in its entirety. All pending motions will be DENIED as MOOT. The court will CERTIFY that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this court will DENY plaintiff leave to proceed in forma pauperis on appeal. See Fed. R. App. P. 24. AN APPROPRIATE ORDER WILL ENTER. s/ Leon Jordan United States District Judge 2
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